5 Oct 2021
Munchy Food Industries Sdn Bhd Huasin Food Industries Sdn Bhd
- Citation
- 02(f)-85-11-2019(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-85-11-2019(W) (Mahkamah Persekutuan)
The Federal Court held that honest concurrent use under the TMA and variation of a registered trade mark are not relevant considerations in an infringement or passing-off action absent pleading and evidence; a registered proprietor is not obliged to seek variation before suing for infringement or passing-off; the Court of Appeal erred by raising and applying unpleaded statutory defences (section 20 TMA) and by substituting a co-existence remedy without it being pleaded and supported by evidence, and the High Court judgment finding infringement and passing-off was reinstated.